Montgomery Furniture Co. v. Hardaway
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Ti-ios. M. Arrington. This action was brought by the appellees, James H. Hardaway and George W. Covington, against the Montgomery Furniture Company, a partnership composed of George Hollander and Ed.
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Appeal from the City Court of Montgomery. Tried before the Hon. Ti-ios. M. Arrington. This action was brought by the appellees, James H. Hardaway and George W. Covington, against the Montgomery Furniture Company, a partnership composed of George Hollander and Ed. Hollander; and was commenced on January 28, 1893. The complaint contained the common counts of assumpsit, and also the following special count: “Plaintiffs claim of the defendant the further sum of two hundred and twenty-two and 50-100. dollars, for that heretofore, to-wit, on the 20th day of September, 1892, plaintiffs sold to…
1Opinion of the Court
HARALSON, J. —
1. There was no error in overruling the demurrer to the complaint. On the facts stated therein, assumpsit was the proper remedy. Nor was there error in striking out plea No. 5. It was not necessary for the horses to have been delivered to defendants, for them to have become bound to pay for them.— Darnell v. Griffin, 46 Ala. 520; Pilgreen v. The State, 71 Ala. 368; Blackshear v. Burke, 74 Ala. 239. Besides, the defense here intended to be set up, was available under the general issue, already pleaded. The 6th is an improper plea in this form of action ; and the exception…
2Cases cited7 opinions
- Pilgreen v. StateSupreme Court of Alabama · 1882
- Gibson v. Snow Hardware Co.Supreme Court of Alabama · 1891
- Espalla v. Richard & SonsSupreme Court of Alabama · 1891
- Louisville Coffin Co. v. StokesSupreme Court of Alabama · 1884
- Blackshear v. BurkeSupreme Court of Alabama · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Manhattan Life Ins. Co. v. StubbsTexas Commission of Appeals · 1921
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Standard Motorcar Co. v. McMahonSupreme Court of Alabama · 1919
- Modern Order of Pr&198torians v. ChildsSupreme Court of Alabama · 1926
- Hill v. HydeSupreme Court of Alabama · 1929
14 more not listed; retrieve them via the Exa API.